Circular No. 35/2017/TT-BLDTBXH on the management, operation, and exploitation of the database on Vietnamese workers going to work abroad under contracts

CIRCULAR

Regulations on the management, operation, and exploitation of databases on Vietnamese workers going to work abroad under contracts

Pursuant to the Law on Vietnamese Workers Going to Work Abroad Under Contracts dated November 29, 2006;

Pursuant to Decree No. 126/2007/NĐ-CP dated August 1, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Vietnamese Workers Going to Work Abroad Under Contracts;

Pursuant to Decree No. 64/2007/NĐ-CP dated April 10, 2007 of the Government on the application of information technology in the activities of state agencies;

PURSUANTpursuant to Decree No.Pursuant to Decree No. 43/2011/NĐ-CP dated June 13, 2011 of the Government on providing information and online public services on websites or electronic portals of state agencies;Pursuant to Decree No. 14/2017/NĐ-CP dated January 17, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs promulgating this Circular on the management, operation, and exploitation of databases on Vietnamese workers going to work abroad under contracts.

This Circular stipulates the management, operation, and exploitation of databases on Vietnamese workers going to work abroad under contracts, including: receiving applications for issuance, renewal, and replacement of licenses for labor dispatch services, registering labor supply contracts, registering information of enterprises operating labor dispatch services, operating the reporting system on Vietnamese workers going to work abroad under contracts.Pursuant to the request of the Director General of the Department of Vocational Education;

At the proposal of the Director of the Department of Overseas Labor Management;

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.a) The Overseas Labor Management Department, Ministry of Labor, Invalids, and Social Affairs; b) The Information Center, Ministry of Labor, Invalids, and Social Affairs;

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

c) The Overseas Labor Center, Ministry of Labor, Invalids, and Social Affairs;

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

d) Provincial Departments of Labor, Invalids, and Social Affairs under central cities;

e) Units managing labor under representative offices of the Socialist Republic of Vietnam abroad (referred to as the Labor Management Unit under Representative Offices);

f) Enterprises operating according to the Enterprise Law requesting issuance of licenses for labor dispatch services;

g) Enterprises with licenses for labor dispatch services under contracts;

h) Other organizations and individuals related to the operation, management, exploitation, and use of information from the database.

1. The database on workers going to work abroad under contracts is software capable of collecting data and structuring information related to labor dispatch services. The database allows access, updating, retrieving, and using data for management, analysis, evaluation, and directing labor dispatch services for Vietnamese workers going to work abroad under contracts.

2. The database on Vietnamese workers going to work abroad under contracts has the domain name csdl.dolab.gov.vn.

3. The documents referred to in Articles 4, 5, 6, and 7 of this Circular shall be converted into electronic formats such as Portable Document Format (PDF), Document (DOC, DOCX), or Joint Photographic Experts Group (JPG). The conversion must ensure the complete reflection of the content of the paper version.

Article 2. Explanation of terms

1. The database on workers going to work abroad under contracts is software capable of collecting data and structuring information related to the service of sending Vietnamese workers to work abroad. The database allows access, updating, retrieving, and using data for managing, analyzing, evaluating, and guiding activities of sending Vietnamese workers to work abroad under contracts.

2. The database for Vietnamese workers going to work abroad under contracts has the domain name csdl.dolab.gov.vn.

3. The documents referred to in Articles 4, 5, 6, and 7 of this Circular shall be converted into electronic formats such as portable document format (pdf), document (doc, docx), or joint photographic experts group (jpg). The conversion must ensure the complete reflection of the content of the paper version.

Article 3. Provisions on access, security mechanisms, confidentiality, use, and sharing of information

1. Organizations and individuals specified in Clause 2, Article 1 of this Circular shall register information and create accounts to access the database.

2. Organizations and individuals granted access accounts to the database shall be responsible for:

a) Changing passwords after receiving the account and securing account information;

b) Exploiting and using data within the scope of authorized permissions for the intended purpose; not accessing the database illegally;

c) Managing the content of extracted information data: users may not provide information data from the database to other organizations or individuals for improper use unless permitted by the Minister of Labor, War Invalids and Social Affairs;

d) Not altering, deleting, canceling, copying, disclosing, displaying, or transferring improperly any part or all of the information or data, nor creating or disseminating software programs with the intent to destroy the database;

đ) Promptly notifying the Overseas Labor Management Department of any database errors for resolution.

Chapter II
OPERATIONS, BUSINESS AND EXPLOITATION OF THE DATABASE

Article 4. Issuance of licenses for services of sending workers to work abroad

1. Enterprises log into the database with their assigned accounts, access the section "New License Issuance" to update complete information on the application form for license issuance; upload the application dossier for issuing a service license for sending workers to work abroad under contracts as stipulated in Clause 1, Article 10 of the Law on Vietnamese Workers Going Abroad Under Contracts through the database.

2. Within five working days from the date of receipt of the application form and dossier for license issuance through the database, the licensing authority responds on the database regarding whether the enterprise's dossier meets or does not meet legal requirements; if it does not meet the requirements, the licensing authority must clearly state the reasons and request the enterprise to amend and supplement the documents as required.

3. Within five working days from the date of receipt of the notification that the enterprise's application dossier is compliant, the enterprise submits the original dossier to the licensing authority for verification, comparison, and storage according to regulations.

a) If the original dossier for license issuance does not match the application form and dossier uploaded to the database, the licensing authority will respond in writing to the enterprise within five working days from the date of receipt of the original dossier.

b) If the original dossier for license issuance matches the application form and dossier uploaded to the database, the licensing authority must issue a letter seeking opinions from those with authority as specified in points a, b, c of Clause 2, Article 10 of the Law on Vietnamese Workers Going Abroad Under Contracts within five working days from the date of receipt of the original dossier.

4. Within five working days from the date of receipt of the response letters from those with authority as specified in points a, b, c of Clause 2, Article 10 of the Law on Vietnamese Workers Going Abroad Under Contracts, the licensing authority must issue a license to the enterprise. In case the license is not issued to the enterprise, the licensing authority must clearly state the reasons.

5. After issuing the license to the enterprise, the results of the license issuance will be displayed on the database and the electronic portal of the Overseas Labor Management Department.

6. The enterprise's registered account will be deleted from the database if the application dossier for license issuance does not meet the conditions and is not renewed within thirty days from the date the licensing authority responds on the database.

Article 5. Changing the Business Operation Permit for Services of Sending Vietnamese Workers to Work Abroad

1. Enterprises operating services of sending Vietnamese workers to work abroad shall log into the database using their assigned account; perform functions under the section "changing business operation permit" to fill out the application form for changing the permit; update changed information and submit the application for changing the business operation permit in accordance with Clause 2 of Article 11 of the Law on Vietnamese Workers Working Abroad Under Contracts through the database.

2. Within ten days from the date of receiving the application for changing the business operation permit through the database, the issuing authority shall respond on the database whether the enterprise's application is in compliance with or not in compliance with the provisions of the law and specify reasons for amendment and supplementation.

3. In case the application for changing the business operation permit is in compliance, the enterprise shall submit the original application for changing the business operation permit to the issuing authority for verification, comparison, and storage in accordance with regulations.

a) If the original application for changing the business operation permit does not match the declaration form and the application submitted through the database, the issuing authority shall respond in writing or through the database that the enterprise will not be granted a change of the business operation permit.

b) If the original application for changing the business operation permit matches the declaration form and the application submitted through the database, within three days from the date of receipt of the original application, the issuing authority must issue the result to the enterprise.

4. After granting the enterprise a change of the business operation permit, the result of the change of the business operation permit shall be displayed on the database and the electronic portal of the Overseas Labor Management Department.

Article 6. Reissuing the Business Operation Permit for Services of Sending Vietnamese Workers to Work Abroad

1. Enterprises operating services of sending Vietnamese workers to work abroad shall log into the database using their assigned access account; perform functions under the section "reissuing business operation permit" to fill out the reissue application form and submit the application for reissuing the business operation permit in accordance with Clause 2 of Article 12 of the Law on Vietnamese Workers Working Abroad Under Contracts through the database.

2. Within seven days from the date of receiving the application for reissuing the business operation permit through the database, the issuing authority shall respond through the database whether the enterprise's application is in compliance with or not in compliance with the provisions of the law and specify reasons for amendment and supplementation.

3. In case the application for reissuing the business operation permit is in compliance, the enterprise shall submit the original application for reissuing the business operation permit to the issuing authority for verification, comparison, and storage in accordance with regulations.

a) If the original application for reissuing the business operation permit does not match the declaration form and the application submitted through the database, the issuing authority shall respond in writing or through the database that the enterprise will not be granted a reissuance of the business operation permit.

b) If the original application for reissuing the business operation permit matches the declaration form and the application submitted through the database, within three days from the date of receipt of the original application, the issuing authority must issue the result to the enterprise.

4. After reissuing the business operation permit for the enterprise, the result of the reissuance of the business operation permit shall be displayed on the database and the electronic portal of the Overseas Labor Management Department.

Article 7. Registration of Labor Supply Contracts

1. Enterprises engaged in services for sending workers to work abroad shall log into the database using their assigned account. The enterprise shall perform the function within the "Contract Registration" section; fill out the labor supply contract registration form, submit the application dossier in accordance with Article 19 of the Law on Vietnamese Workers Going Abroad under Contract through the database.

2. Within five days from the date of receiving the labor supply contract registration dossier of the enterprise through the database, the Overseas Labor Management Department shall respond on the database whether the enterprise's dossier is in compliance with the law or not, and specify the reasons for modification and supplementation.

3. After receiving the response that the enterprise's contract registration dossier is in compliance with the law, the enterprise shall submit the original copy of the contract registration dossier to the Overseas Labor Management Department for verification, comparison, and archiving in accordance with regulations.

a) If the original copy of the contract registration dossier does not match the declaration form and dossier submitted via the database, the Overseas Labor Management Department shall respond in writing or via the database regarding the non-approval of the enterprise's contract registration.

b) If the original copy of the contract registration dossier matches the declaration form and dossier submitted via the database, within three days from the date of receipt of the original dossier, the Overseas Labor Management Department must issue the result to the enterprise.

4. After responding to the result of the labor supply contract registration of the enterprise, the result of the enterprise's labor supply contract registration will be displayed on the database and the electronic information portal of the Overseas Labor Management Department.

Article 8. Updating Information of Workers and Enterprises

1. Enterprises engaged in services for sending workers to work abroad shall log into the database using their assigned account; update worker information in the "Worker Information" section according to the following steps:

a) Create a new record for workers selected by the enterprise;

b) Update personal information of the worker;

c) Update information related to the worker during training, working abroad, and upon contract termination.

2. Provincial Departments of Labor, Invalids, and Social Affairs directly under the central government shall log into the database using their assigned account; update worker information in the "Worker Information" section according to the following steps:

a) Create a new record for workers registering individual contracts or workers sent abroad for skill enhancement internships lasting less than ninety days;

b) Update personal information of the worker;

c) Update information on individual contracts and skill enhancement internships lasting less than ninety days.

3. The Overseas Labor Center shall log into the database using its assigned account; update worker information in the "Worker Information" section according to the following steps:

a) Create a new record for workers selected by the Overseas Labor Center;

b) Update personal information of the worker;

c) Update information related to the worker during training, working abroad, and upon contract termination.

4. Enterprises engaged in services for sending workers to work abroad shall log into the database using their assigned account; update data on branches, representative offices, business locations, and training facilities of the enterprise in the "Branch Registration," "Representative Office," "Business Location," and "Training Facility" sections according to the following steps:

a) Create a new record for branches, representative offices, business locations, and training facilities;

b) Update information about branches, representative offices, business locations, and training facilities of the enterprise; attach relevant documents.

Article 9. Use of the reporting system

1. The Overseas Labour Administration shall use the reporting system to compile data according to the state management functions assigned to it.

2. Provincial Departments of Labour, Invalids and Social Affairs, central city departments, overseas labour centres, and enterprises providing services for sending workers to work abroad shall use the reporting system to extract data in accordance with the database format model prescribed in Circular No. 21/2007/TT-BLDTBXH dated October 8, 2007 of the Ministry of Labour, Invalids and Social Affairs.

Chapter III
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS USING THE DATABASE

Article 10. Responsibilities of units using the database

1. The Overseas Labour Administration

a) Develop and submit to the Ministry of Labour, Invalids and Social Affairs for issuance the operational regulations of the database for units under the Ministry;

b) Issue accounts, grant access permissions, manage, use, and share information with users of the database;

c) Prepare annual budget estimates for upgrading, maintaining, and meeting business requirements consistent with current laws and submit them to the competent authority for decision.

2. Information centers shall be responsible for managing the database to ensure information security and database safety; coordinate with the Overseas Labour Administration to manage the database; back up, maintain, repair, and upgrade the database.

3. Provincial Departments of Labour, Invalids and Social Affairs, central city departments

a) Update information on workers going to work abroad under individual contracts and advanced vocational training internships lasting less than 90 days;

b) Use data from the database according to the granted permissions;

c) Use data from the database to monitor and supervise enterprises providing services for sending workers to work abroad within their jurisdiction.

4. Labour management units of the Competent Authority

a) Exploit data on workers going to work abroad according to the market they manage;

b) Use data from the database according to the granted permissions;

c) Use data from the database to monitor and supervise enterprises providing services for sending workers to work abroad within their jurisdiction.

5. Units specified at points c, e, g, h, i of Clause 2, Article 1 of this Circular shall be responsible for updating complete information in accordance with the database regulations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 11. Effective Date

1. This Circular takes effect 45 days from the date of issuance.

2. Enterprises applying for a license to provide services for sending Vietnamese workers to work abroad under contracts; enterprises providing services for sending Vietnamese workers to work abroad under contracts when applying for issuance, reissuance, replacement of service provision licenses for sending Vietnamese workers to work abroad under contracts, registering contracts, registering enterprise information, operating the reporting database on Vietnamese workers going to work abroad under contracts may choose one of the following two options:

a) Submit directly or through postal services to the competent authority as prescribed by law.

b) Submit through the database as prescribed in this Circular.

Article 12. Implementation Organization

1. The Director of the Ministry's Office, heads of units under the Ministry of Labour, Invalids and Social Affairs, Directors of Provincial Departments of Labour, Invalids and Social Affairs, central city departments, and other related units within their functions and authorities shall be responsible for organizing the implementation, guiding the execution, and inspecting the enforcement of this Circular.

2. During the implementation process, if there are difficulties, they should be promptly reflected to the Ministry of Labour, Invalids and Social Affairs for research and supplementary guidance./.